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always acted systematically to remedy deficiencies in the law on acts of torture (see paragraph
4.11). According to the State party, the complainant has merely put forward false, contradictory,
not to say defamatory remarks.
8.4
As for the allegations of failure to respect guarantees relating to judicial procedure, the
State party regards them as unfounded. It refers to the complainant’s inertia and failure to act.
According to the State party, the authorities did not prevent him from lodging a complaint before
the courts - on the contrary, he opted not to make use of domestic remedies. As for the
“obligation” of judges to ignore statements made as a result of torture, the State party cites article
15 of the Convention against Torture, and considers that it is incumbent on the accused to
provide the judge with at least basic evidence that his statement has been made in an unlawful
manner. In this way he would confirm the truth of his allegations by presenting a medical report
or a certificate proving that he had lodged a complaint with the public prosecutor’s office, or
even by displaying obvious traces of torture or ill-treatment to the court. However, the State
party points out that the complainant did not deem it necessary to lodge a complaint either during
his detention or during his trial; this formed part of a strategy adopted by the ENNAHDA illegal
extremist movement in order to discredit Tunisian institutions by systematically alleging acts of
torture and ill-treatment but not making use of available remedies.
8.5
Concerning the allegations relating to the trial, the State party maintains that the
complainant is mistaken in claiming that he did not sign the record of his questioning by the
examining magistrate. According to the State party, his counsel did indeed speak on the
substance of the matter, at the invitation of the examining magistrate, in accordance with the
applicable rules of criminal procedure. The State party points out that the complainant was
found guilty of throwing acid at his victim, among other offences, and that he admitted the act
before the examining magistrate and the court, where he expressed his regret, stating that his
action had given rise to psychological problems due to a feeling of guilt and the ghastly nature of
the act. As for the complainant’s statement that he had taken steps to request a medical
examination, without success, the State party points out that an examination is not ordered in
response to a mere request, but requires the presence of indications which would justify such an
examination. Accordingly the examining magistrate had rejected the complainant’s request for a
medical examination, since, according to the State party, the complainant displayed no obvious
signs of violence.
8.6
Concerning the allegations relating to his confession, the State party considers baseless
the complainant’s claim that he was found guilty on the sole basis of his confession. It points out
that, under the last paragraph of article 69 and article 152 of the Code of Criminal Procedure, a
confession on the part of the accused cannot relieve the judge of the obligation to seek other
evidence, while confessions, like all items of evidence, are a matter for the independent
appreciation of the judge. On that basis, it is a constant of Tunisian case law that an accused
cannot be found guilty on the sole basis of a confession.10 Moreover, according to the State
party, the complainant’s allegation that he confessed under torture his membership of the
ENNAHDA movement is contradicted by the certificate supplied by Mr. Ltaief to the Swiss
10
Judgement No. 4692 of 30 July 1996, published in the Revue de Jurisprudence et Législation (R.J.:L); judgement
No. 8616 of 25 February 1974 R .J .L . 1975; and judgement No. 7943 of 3 September 1973 R.J.L 1974.